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Eos Energy Enterprises, Inc.

For the period ended Dec 31, 2025. Filed Feb 26, 2026.

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A company's yearly report to the SEC, with audited financial statements. It is the fullest account a company gives of its business, its finances and the risks it sees.

FY2025 · Filed Feb 26, 2026

EOSE$1.88+8.0%Stored close · as of Nov 9, 2026

Extracted filing text, with the paragraph anchors used by the comparison.

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Item 15. Exhibits

ITEM 15. EXHIBITS AND FINANCIAL STATEMENT SCHEDULES

(1) Financial Statements. The Consolidated Financial Statements and Report of Independent Registered Accounting Firm are listed under Part II, Item 8. Financial Statements and Supplementary Data of this Annual Report.

(2) Financial Statement Schedules and Other Financial Information. No financial statement schedules are submitted because either they are not applicable or because the required information is included in the Consolidated Financial Statements or notes thereto.

(3) Exhibits. Filed as part of this Annual Report are the following exhibits:

Incorporated by Reference
Exhibit NumberDescription of DocumentSchedule/FormFile NumberExhibitFiling date
3.1Third Amended and Restated Certificate of Incorporation of the Company, as amendedForm 10-KFile No. 001-392913.1February 28, 2023
3.2Second Amended and Restated Bylaws of the CompanyForm 8-KFile No. 001-392913.2May 19, 2022
3.3Certificate of Amendment to the Third Amended and Restated Certificate of Incorporation of the Company, as amendedForm 10-QFile No. 001-392913.2May 14, 2024
3.4Series A-1 Preferred Stock Certificate of DesignationForm 8-KFile No. 001-392913.1June 24, 2024
3.5Series A-2 Preferred Stock Certificate of Designation.Form 8-KFile No. 001-392913.1August 30, 2024
3.6Certificate of Designation of Series B-1 Non-Voting Convertible Preferred Stock.Form 8-KFile No. 001-392913.1September 12, 2024
3.7Certificate of Designation of Series B-2 Non-Voting Convertible Preferred Stock.Form 8-KFile No. 001-392913.2September 12, 2024
4.1Specimen Common Stock CertificateForm 8-KFile No. 001-392914.1November 20, 2020
4.3Form of Common Stock Purchase Warrant, dated as of April 12, 2023Form 8-KFile No. 001-392914.1April 14, 2023
4.4Form of Common Stock Purchase Warrant, dated as of May 15, 2023Form 8-KFile No. 001-392914.1May 17, 2023
4.5Form of Common Stock Purchase WarrantForm 8-KFile No. 001-392914.1December 15, 2023
4.6Indenture, dated as of June 3, 2025, between Eos Energy Enterprises, Inc. and Wilmington Trust, National Association, as trusteeForm 8-KFile No. 001-392914.1June 3, 2025
Incorporated by Reference
Exhibit NumberDescription of DocumentSchedule/FormFile NumberExhibitFiling date
4.7Indenture, dated November 24, 2025, between the Company and Wilmington Trust, National Association, as trusteeForm 8-KFile No. 001-392914.1November 24, 2025
10.1Eos Energy Enterprises, Inc. 2020 Incentive PlanForm 8-KFile No. 001-3929110.10November 20, 2020
10.2Form of Indemnity AgreementForm 8-KFile No. 001-3929110.13November 20, 2020
10.3Employment Agreement, dated February 24, 2021, by and between the Company and Joseph MastrangeloForm 8-KFile No. 001-3929199.1March 2, 2021
10.4Amended and Restated Registration Rights Agreement, dated May 10, 2021, by and among the Company and the security holders party theretoForm 8-KFile No. 001-392914.02May 10, 2021
10.5Master Equipment Financing Agreement, dated September 30, 2021Form 8-KFile No. 001-3929110.1October 5, 2021
10.6Guaranty Agreement, dated September 30, 2021Form 8-KFile No. 001-3929110.2October 5, 2021
10.7Sales Agreement, dated August 5, 2022, by and between Eos Energy Enterprises, Inc. and Cowen and Company, LLCForm 8-KFile No. 001-3929110.2August 5, 2022
10.8Amended Director Compensation Policy, dated as of September 7, 2022Form 8-KFile No. 001-3929110.1September 9, 2022
10.9Employment Agreement, dated January 20, 2023, by and between the Company and Nathan KroekerForm 8-KFile No. 001-3929110.2January 20, 2023
10.10Form of Securities Purchase Agreement, dated as of April 12, 2023Form 8-KFile No. 001-3929110.1April 14, 2023
10.11Form of Securities Purchase Agreement, dated as of May 15, 2023Form 8-KFile No. 001-3929110.1May 17, 2023
Incorporated by Reference
Exhibit NumberDescription of DocumentSchedule/FormFile NumberExhibitFiling date
10.12Amendment No. 1 to Common Stock Sales Agreement, dated August 23, 2023, by and between Eos Energy Enterprises, Inc. and Cowen and Company, LLCForm 8-KFile No. 001-3929110.1August 23, 2023
10.13Master Supply Agreement, dated August 23, 2023, by and between HI-POWER, LLC and ACRO Automation Systems, Inc.Form 8-KFile No. 001-3929110.2August 23, 2023
10.14Employment Agreement, dated August 27, 2023, by and between the Company and Sumeet PuriForm 8-KFile No. 001-3929110.1August 28, 2023
10.15Employment Agreement, dated January 17, 2024, by and between the Company and Michael SilbermanForm 10-KFile No. 001-3929110.44March 4, 2024
10.16First Amendment to the Amended and Restated 2020 Incentive PlanForm S-8File No. 333-26570899.2June 17, 2022
10.17Second Amendment to the Amended and Restated 2020 Incentive PlanForm S-8File No. 333-27284899.3June 23, 2023
10.18†Amended and Restated Manufacturing Purchase and Supply Agreement dated January 8, 2024, by and between HI-POWER, LLC and TETRA Technologies, Inc.Form 8-KFile No. 001-3929110.1January 9, 2024
10.19†Pricing Agreement dated January 31, 2024, by and between HI-POWER, LLC and SHP US LLCForm 8-KFile No. 001-3929110.1February 1, 2024
10.20Third Amendment to the Amended and Restated 2020 Incentive PlanForm 10-QFile No. 001-3929110.6May 14, 2024
10.21Credit Agreement, dated June 21, 2024, by and between Eos Energy Enterprises, Inc. and Cerberus Capital Management L.P.Form 8-KFile No. 001-3929110.1June 24, 2024
Incorporated by Reference
Exhibit NumberDescription of DocumentSchedule/FormFile NumberExhibitFiling date
10.22Securities Purchase Agreement, dated June 21, 2024, by and between Eos Energy Enterprises, Inc. and Cerberus Capital Management L.P.Form 8-KFile No. 001-3929110.2June 24, 2024
10.23Form of WarrantForm 8-KFile No. 001-3929110.3June 24, 2024
10.24Form of Indemnification Agreement for Preferred Stock directorsForm 8-KFile No. 001-3929110.6June 24, 2024
10.25Second Amended and Restated 2020 Incentive PlanForm 8-KFile No. 001-3929110.1July 30, 2024
10.26Form of Employee Time-Based Restricted Stock Unit Award Agreement under the Eos Energy Enterprises, Inc. Amended and Restated 2020 Incentive PlanForm 10-QFile No. 001-3929110.12August 6, 2024
10.27Form of Employee Performance-Based Restricted Stock Unit Award Agreement under the Eos Energy Enterprises, Inc. Amended and Restated 2020 Incentive PlanForm 10-QFile No. 001-3929110.13August 6, 2024
10.28Form of Director Restricted Stock Unit Award Agreement under the Eos Energy Enterprises, Inc. Amended and Restated 2020 Incentive PlanForm 10-QFile No. 001-3929110.14August 6, 2024
10.29Form of Director Option Award Agreement under the Eos Energy Enterprises, Inc. 2020 Incentive PlanForm 10-QFile No. 001-3929110.15August 6, 2024
10.30Form of Executive Restricted Stock Unit Award Agreement under the Eos Energy Enterprises, Inc. 2020 Incentive PlanForm 10-QFile No. 001-3929110.16August 6, 2024
10.31Form of Employee Restricted Stock Unit Award Agreement under the Eos Energy Enterprises, Inc. 2020 Incentive PlanForm 10-QFile No. 001-3929110.17August 6, 2024
Incorporated by Reference
Exhibit NumberDescription of DocumentSchedule/FormFile NumberExhibitFiling date
10.32Note Purchase Agreement, dated November 26, 2024, by and among Eos Energy Enterprises, Inc., the U.S. Department of Energy and the Federal Financing BankForm 8-KFile No. 001-3929110.1December 3, 2024
10.33Future Advance Promissory Note of Eos Energy Enterprises, Inc., dated November 26, 2024Form 8-KFile No. 001-3929110.2December 3, 2024
10.34†Loan Guarantee Agreement, dated November 26, 2024, by and between Eos Energy Enterprises, Inc. and the U.S. Department of EnergyForm 8-KFile No. 001-3929110.3December 3, 2024
10.35†Amendment to Credit Agreement, dated June 21, 2024, by and between Eos Energy Enterprises, Inc. and Cerberus Capital Management L.P.Form 8-KFile No. 001-3929110.4December 3, 2024
10.36First Amendment to Credit and Guaranty Agreement, dated April 30, 2025, by and between Eos Energy Enterprises, Inc. and Cerberus US Servicing, LLCForm 10-QFile No. 001-3929110.3May 6, 2025
10.37Second Amendment to Credit and Guaranty Agreement, dated May 28, 2025, by and between Eos Energy Enterprises, Inc. and Cerberus US Servicing, LLCForm 8-KFile No. 001-3929110.1May 29, 2025
10.38Limited Consent to Loan Guarantee Agreement, dated May 28, 2025, by and between Eos Energy Enterprises, Inc. and the United States Department of Energy Inc. and the United States Department of EnergyForm 8-KFile No. 001-3929110.2May 29, 2025
10.39Third Amendment to Credit and Guaranty Agreement, dated May 30, 2025, by and between Eos Energy Enterprises, Inc. and Cerberus US Servicing, LLCForm 8-KFile No. 001-3929110.1June 2, 2025
Incorporated by Reference
Exhibit NumberDescription of DocumentSchedule/FormFile NumberExhibitFiling date
10.40Fourth Amendment to Credit and Guaranty Agreement, dated July 29, 2025, by and between Eos Energy Enterprises, Inc. and Cerberus US Servicing, LLCForm 10-QFile No. 001-3929110.5July 30, 2025
10.41Fifth Amendment to Credit and Guaranty Agreement, dated November 18, 2025, by and between Eos Energy Enterprises, Inc. and Cerberus US Servicing, LLCForm 8-KFile No. 001-3929110.1November 18, 2025
10.42Warrant Agreement, dated November 18, 2025, by and between Eos Energy Enterprises, Inc. and the U.S. Department of EnergyForm 8-KFile No. 001-3929110.2November 18, 2025
10.43Sixth Amendment to Credit and Guaranty Agreement, dated November 19, 2025, by and between Eos Energy Enterprises, Inc. and Cerberus US Servicing, LLCForm 8-KFile No. 001-3929110.1November 24, 2025
10.44*Amendment to Loan Guarantee Agreement, dated March 25, 2025, by and between Eos Energy Enterprises, Inc. and the U.S. Department of Energy
10.45*Limited Consent to Loan Guarantee Agreement, dated November 18, 2025, by and between Eos Energy Enterprises, Inc. and the United States Department of Energy
10.46Second Amendment to Loan Guarantee Agreement, dated February 13, 2026, by and between Eos Energy Enterprises, Inc. and the United States Department of EnergyForm 8-KFile No. 001-3929110.1February 17, 2026
19.1*Insider Trading Policy
Incorporated by Reference
Exhibit NumberDescription of DocumentSchedule/FormFile NumberExhibitFiling date
23.1* · Consent of Independent Registered Public Accounting Firm
24.1* · Power of Attorney (included on the signature page herein)
31.1* · Certification of the Chief Executive Officer pursuant to Exchange Act Rules 13a-14(a) and 15d-14(a), as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002
31.2* · Certification of the Chief Financial Officer pursuant to Exchange Act Rules 13a-14(a) and 15d-14(a), as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002
32.1*+ · Certification of the Chief Executive Officer pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
32.2*+ · Certification of the Chief Financial Officer pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
97Policy relating to recovery of compensationForm 10-KFile No. 001-3929197March 4, 2024
101.SCHXBRL Taxonomy Extension Schema Document
101.CALXBRL Taxonomy Extension Calculation Linkbase Document
101.LABXBRL Taxonomy Extension Label Linkbase Document
101.PREXBRL Taxonomy Extension Presentation Linkbase Document
101.DEFXBRL Taxonomy Extension Definition Linkbase Document
Incorporated by Reference
Exhibit NumberDescription of DocumentSchedule/FormFile NumberExhibitFiling date
104*Inline XBRL for the cover page of this Annual Report on Form 10-K, included in the Exhibit 101 Inline XBRL Document Set
†Certain of the exhibits and schedules to this Exhibit have been omitted in accordance with Regulation S-K Item 601(a)(5). The Registrant agrees to furnish a copy of all omitted exhibits and schedules to the SEC upon its request.
*Filed herewith.
+The certifications furnished in Exhibit 32.1 and Exhibit 32.2 hereto are deemed to accompany this Annual Report on Form 10-K and will not be deemed "filed" for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, except to the extent that the registrant specifically incorporates it by reference.
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